Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3262
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

The hymn of Axiom: failure to disclose in FX trades doesn't violate consumer protection law

6 months agoIndustries / Law : 43(B)log

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order...Show More Summary

Deceive, inveigle, obfuscate--false discount claims still don't cause cognizable injury

6 months agoIndustries / Law : 43(B)log

Mulder v. Kohl’s Department Stores, Inc., --- F.3d ----, 2017 WL 3167620, No. 16-1238 (1 st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged...Show More Summary

OJ may be guilty ... of adding ingredients without disclosure

6 months agoIndustries / Law : 43(B)log

In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017) Plaintiffs alleged that Coca-Cola sold Simply Orange, Minute Maid Pure Squeezed, and Minute Maid Pure Premium...Show More Summary

"Local" can be falsifiable representation of fact

6 months agoIndustries / Law : 43(B)log

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 3089011 (D. Utah Apr. 28, 2017) Leland Sycamore invented the process and formula for making Grandma Sycamore’s Home-Maid Bread and subsequently received federal trademark protection for part of the packaging’s design. Show More Summary

Pictures of premium cuts of meat on pet food are ambiguous, court says

6 months agoIndustries / Law : 43(B)log

Wysong Corp. v. APN, Inc., Nos. 16-11823, 16-11825, 16-11826, 16-11827, 16-11832 (E.D. Mich. Jul. 20, 2017)Wysong, a pet food manufacturer, sued six competitors, alleging that their packages used images of “premium meats, poultry, fish,...Show More Summary

Transformative work of the year (so far): To tell my story, showing near DC now

6 months agoIndustries / Law : 43(B)log

To Tell My Story: A Hamlet Fanfic by Alexandra Petri Runs until July 30 Although the structuring conceit is a loose retelling of Hamlet, with a modern-day fangirl as the tragic protagonist Elsie, there are a number of other fandoms represented,...Show More Summary

9th Circuit burps up a correction to recent Gerber case

6 months agoIndustries / Law : 43(B)log

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, -- Fed. Appx. --- (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, stillShow More Summary

Park claim fails to fly: formerly well-known mark lacks current secondary meaning

6 months agoIndustries / Law : 43(B)log

Parks LLC v. Tyson Foods, Inc., 2017 WL 3014273, -- F.3d --, No. 16-2768 (3d Cir. Jul. 6, 2017) District court opinion discussed previously here. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS,” though its registration expired in the early 2000s. Show More Summary

Bee aggressive: Copied ad leads to grab bag of claims

6 months agoIndustries / Law : 43(B)log

Fischer v. Forrest, 2017 WL 2992663, -- F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among...Show More Summary

Court gags on Utah's ag-gag law

6 months agoIndustries / Law : 43(B)log

Animal Legal Defense Fund v. Herbert, No. 13-cv-00679 (D. Utah Jul. 7, 2017) The court strikes down Utah’s ag-gag law, relying on Alvarez, Reed, and the idea that not all access procured by lying is “trespass” or “harmful.” H/T James...Show More Summary

Documents from my ICE suit

6 months agoIndustries / Law : 43(B)log

Available here, via Public Citizen. From what we have, I think it's fair to say that most seizures are legitimate counterfeits, so to speak. That doesn't excuse ICE or the brand owners who supply them with information from the obligation...Show More Summary

Today in likely unlicensed goods

7 months agoIndustries / Law : 43(B)log

These Joker fireworks: And just because the typo is awesome--not a portmanteau word you see that often, or usually want to have go together: "open cap to explose the fuse" http://tushnet.blogspot.com/feeds/posts/default?alt=rss

a few misrepresentations aren't commercial advertising or promotion

7 months agoIndustries / Law : 43(B)log

Solmetex, LLC v. Dental Recycling, Inc., No. 17-cv-860, 2017 WL 2840282 (S.D.N.Y. Jun. 26, 2017) The parties compete in the market for devices for removing particulate from dental office wastewater. (Did I mention how much I love learning...Show More Summary

Another thought on ICE's statements

7 months agoIndustries / Law : 43(B)log

This isn’t specifically IP-related, but I’m pondering the part of my FOIA suit requesting training materials for ICE agents relying on case law, etc. Initially, the ICE spokesperson who responded to my inquiry said that ICE based its...Show More Summary

NFL is advising ICE to seize obvious parodies, my FOIA suit reveals

7 months agoIndustries / Law : 43(B)log

When last I reported on this, the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, since such merchandise wasn't counterfeit and there could be no legitimate law enforcement interest in keeping this advice from the public. Show More Summary

Nieuport 27, J.P. Deneen

7 months agoIndustries / Law : 43(B)log

300 pieces, 3M--apparently 3M made puzzles for a while, who knew? This one was pretty interesting because of the many shades of green; a bit like Optimago. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

FilmOn's chutzpah doesn't pay off; labeling it a site of (c) infringement is protected by anti-SLAPP law

7 months agoIndustries / Law : 43(B)log

FilmOn.com v. DoubleVerify, Inc., 2017 WL 2807911, No. B264074 (Cal. Ct. App. Jun. 29, 2017) FilmOn, an Internet-based entertainment media provider, sued DoubleVerify, a provider of authentication services to online advertisers, forShow More Summary

9th Circuit upholds SF ordinance targeting false advertising by pregnancy centers

7 months agoIndustries / Law : 43(B)log

First Resort, Inc. v. Herrera, 2017 WL 2766094, -- F.3d –, No. 15-15434 (9th Cir. Jun. 27, 2017) First Resort, a nonprofit providing free pregnancy-related services, challenged San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, which targeted false or misleading advertising by limited services pregnancy centers (LSPCs). Show More Summary

Reading list: unregistered marks in the EU

7 months agoIndustries / Law : 43(B)log

Verena von Bomhard & Artur Geier, Unregistered Trademarks in EU Trademark Law, Trademark Reporter, May-June, 2017 Vol. 107 No. 3Abstract: The European Union (“EU”) trademark system is based on registration. Nevertheless, the laws ofShow More Summary

Second Circuit holds that allegations of "systematic" underweighing plead injury in fact for specific individual

7 months agoIndustries / Law : 43(B)log

John v. Whole Foods Market Gp., Inc., 858 F.3d 732 (2d. Cir. 2017) John filed a putative class action under GBL §§ 349-350 alleging that New York City Whole Foods grocery stores systematically overstated the weights of pre-packaged food products and overcharged customers as a result. Show More Summary

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